Mosley et al v. Wells Fargo & Co. et al
| Alexandria Mosley, Rejoyce Kemp, Berenice Cisneros and Bruce Parker |
| Wells Fargo & Co., Wells Fargo Bank, N.A. and Does 1 through 5 |
| 3:2022cv01976 |
| December 13, 2022 |
| US District Court for the Southern District of California |
| Roger T Benitez |
| Allison H Goddard |
| Dana M Sabraw |
| Andrew G Schopler |
| Banks and Banking |
| 15 U.S.C. § 1693 m Violation of Prov. of Subchpt.VI (Electronic Fund Transfers) |
| None |
Docket Report
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This docket was last retrieved on May 1, 2023. A more recent docket listing may be available from PACER.
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Filing 29
MINUTE ORDER OF TRANSFER. : IT IS HEREBY ORDERED that this case be transferred from the calendar of the Honorable Andrew G. Schopler to the calendar of the Honorable Magistrate Judge Allison H. Goddard for all further proceedings. The new case number is 22CV1976-DMS-AHG.(no document attached) (jpp)
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Filing 28
ORDER re: oral argument. Signed by Chief District Judge Dana M. Sabraw on 2/28/2023.(jpp)
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Filing 27
RESPONSE in Support re #13 MOTION for Preliminary Injunction filed by Rejoyce Kemp, Alexandria Mosley, Bruce Parker. (McCune, Richard) (jpp).
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Filing 26
REPLY to Response to Motion re #21 MOTION to Compel Defendants Notice of Motion and Motion to Compel Arbitration Defendants Reply Memorandum in Support of Motion to Compel Arbitration filed by Wells Fargo & Co., Wells Fargo Bank, N.A.. (Baiardo, Alicia) (jpp).
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Filing 25
RESPONSE in Opposition re #21 MOTION to Compel Defendants Notice of Motion and Motion to Compel Arbitration filed by Berenice Cisneros, Rejoyce Kemp, Alexandria Mosley. (Attachments: #1 Declaration of Richard A. Nervig ISO Plaintiff's Oppo to Motion to Compel Arbitration, #2 Exhibit A to Nervig - 2022-05-06 Letter, #3 Exhibit B to Nervig - Authorization Forms Redacted, #4 Exhibit C to Nervig - 2022-06-13 WF Response re Client Records, #5 Exhibit D to Nervig - 2022-06-29 WF Letter, #6 Exhibit E to Nervig - 2023-01-04 WF Letter re Intent and Willingness, #7 Declaration of Richard D McCune ISO Pltf's Oppo to Motion to Compel Arbitration, #8 Exhibit A to McCune - WF Deposit Account Agreement (05-09-22), #9 Exhibit B to McCune - AAA Consumer Arbitration Rules, #10 Exhibit C to Mccune - - Pls Individual Arb Demand, #11 Exhibit D to McCune - AAA Initiation Letters, #12 Exhibit E to McCune - AAA Supplementary Rules MCF, #13 Exhibit F to McCune - 2022-10-27 Hon. Shapiro Order, #14 Exhibit G to McCune - 2022-11-02 Pls Ltr RE Process Arb Order, #15 Exhibit H to McCune - 022-11-08 WF Ltr to AAA, #16 Exhibit I to McCune - 2022-11-15 AAA Letter to Counsel, #17 Declaration of Devin C. Texeira in Support of Pltf's Oppo to Motion to Compel Arbitration, #18 Exhibit J to McCune)(McCune, Richard) (jpp).
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Filing 24
RESPONSE in Opposition re #13 MOTION for Preliminary Injunction Defendants Opposition to Plaintiffs Motion for Preliminary Injunction filed by Wells Fargo & Co., Wells Fargo Bank, N.A.. (Baiardo, Alicia) (jpp).
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Filing 23
Corporate Disclosure Statement by Wells Fargo & Co., Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo & Co., Wells Fargo Bank, N.A... (Baiardo, Alicia) (ddf).
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Filing 22
DECLARATION re #21 MOTION to Compel Defendants Notice of Motion and Motion to Compel Arbitration Declaration of Alicia A. Baiardo in Support of Defendants Motion to Compel Arbitration by Defendants Wells Fargo & Co., Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U, #22 Exhibit Exhibit V, #23 Exhibit Exhibit W, #24 Exhibit Exhibit X, #25 Exhibit Exhibit Y, #26 Exhibit Exhibit Z, #27 Exhibit Exhibit AA, #28 Exhibit Exhibit BB, #29 Exhibit Exhibit CC, #30 Exhibit Exhibit DD, #31 Exhibit Exhibit EE, #32 Exhibit Exhibit FF, #33 Exhibit Exhibit GG, #34 Exhibit Exhibit HH)(Baiardo, Alicia)(jms).
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Filing 21
MOTION to Compel Defendants Notice of Motion and Motion to Compel Arbitration by Wells Fargo & Co., Wells Fargo Bank, N.A.. (Attachments: #1 Memo of Points and Authorities Defendants Memorandum of Points and Authorities in Support of Motion to Compel Arbitration, #2 Declaration Declaration of Jonathan Gillespie in Support of Defendants Motion to Compel Arbitration, #3 Exhibit Exhibit A to Declaration of Jonathan Gillespie in Support of Defendants Motion to Compel Arbitration, #4 Exhibit Exhibit B to Declaration of Jonathan Gillespie in Support of Defendants Motion to Compel Arbitration)(Baiardo, Alicia) (jms).
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Filing 19
ORDER following Status Conference. Signed by Chief District Judge Dana M. Sabraw on 1/23/2023.(jpp)
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Filing 20
Minute Entry for in camera proceedings held before Chief District Judge Dana M. Sabraw: Status Conference held on 1/20/2023.(Plaintiff Attorneys appearing telephonically: Richard McCune and Emily Kirk). (Defense Attorneys appearing telephonically: Alicia Baiardo, Amy Turk, Joshua Davey, Joel Allen, Paul Chappel, Jesica Lohr, and Jason Evans). (no document attached) (ekb)
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Filing 18
PRO HAC APPROVED: Jason D. Evans, Joshua Daniel Davey appearing for Defendants Wells Fargo & Co., Wells Fargo Bank, N.A. (no document attached) (jrm)
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Filing 17
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17496098.) (Application to be reviewed by Clerk.) (Evans, Jason)
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Filing 16
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17496068.) (Application to be reviewed by Clerk.) (Davey, Joshua)
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Filing 15
NOTICE of Appearance for Plaintiffs by Valerie Lauren Savran on behalf of Berenice Cisneros, Rejoyce Kemp, Alexandria Mosley, Bruce Parker (Savran, Valerie) (jpp).
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Filing 14
NOTICE of Appearance by Jessica Rose Ellis Lohr on behalf of Wells Fargo & Co., Wells Fargo Bank, N.A. (Lohr, Jessica)Attorney Jessica Rose Ellis Lohr added to party Wells Fargo & Co.(pty:dft), Attorney Jessica Rose Ellis Lohr added to party Wells Fargo Bank, N.A.(pty:dft) (jpp).
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Filing 13
MOTION for Preliminary Injunction by Berenice Cisneros, Rejoyce Kemp, Alexandria Mosley, Bruce Parker. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Richard D. McCune in Support, #3 Exhibit "A" to McCune Decl-Class Action Complaint, #4 Exhibit "B" to McCune Decl-WF Motion to Compel Arb, #5 Exhibit "C" to McCune Decl-Consent Degrees, #6 Exhibit "D" to McCune Decl-WF Acct Agr, #7 Exhibit "E" to McCune Decl-Pls Individual Arb Demands, #8 Exhibit "F" to McCune Decl-Confirmation Arb Demands, #9 Exhibit "G" to McCune Decl-Arbitrator Shapiro Order)(McCune, Richard) (jpp).
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Filing 12
ORDER Approving the Pro Hac Vice Application of Joel Allen. Signed by Chief District Judge Dana M. Sabraw on 1/10/2023.(jrm)
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Filing 11
ORDER Approving the Pro Hac Vice Application of Paul Chappell. Signed by Chief District Judge Dana M. Sabraw on 1/10/2023.(jrm)
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Filing 10
WAIVER OF SERVICE Returned Executed by Rejoyce Kemp, Alexandria Mosley, Berenice Cisneros, Bruce Parker, as to Wells Fargo & Co., Wells Fargo Bank, N.A.. (McCune, Richard) (cxl1).
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Filing 9
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17482324.) (Application to be reviewed by Clerk.) (Allen, Joel)
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Filing 8
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17481739.) (Application to be reviewed by Clerk.) (Chappell, Paul)
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Filing 7
ORDER Approving #6 Pro Hac Vice Application of Amy M. Turk. Signed by Chief District Judge Dana M. Sabraw on 1/4/2023.(jrm)
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Filing 6
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17468834.) (Application to be reviewed by Clerk.) (Turk, Amy)
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Filing 5
ORDER Approving the Pro Hac Vice Application of Emily J. Kirk, re #3 Request to Appear Pro Hac Vice. Signed by Chief District Judge Dana M. Sabraw on 12/20/2022.(rmc)
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Filing 4
MINUTE ORDER OF RECUSAL. Judge Roger T. Benitez is no longer assigned. Case reassigned to Chief District Judge Dana M. Sabraw for all further proceedings. The new case number is 22cv1976-DMS-AGS.(no document attached) (ddf)
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Filing 3
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17429539.) (Application to be reviewed by Clerk.) (Kirk, Emily)
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Filing 2
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (fth) (rmc).
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Filing 1
COMPLAINT against Does 1 through 5, Wells Fargo & Co., Wells Fargo Bank, N.A. ( Filing fee $ 402 receipt number ACASDC-17421366.), filed by Rejoyce Kemp, Alexandria Mosley, Berenice Cisneros, Bruce Parker. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Deposit Account Agreement, #3 Exibit B- Overdraft Services Brochure) The new case number is 3:22-cv-1976-BEN-AGS. Judge Roger T. Benitez and Magistrate Judge Andrew G. Schopler are assigned to the case. (McCune, Richard) (fth) (rmc).
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